Compilation of the Social Security Laws

EFFECT OF FAILURE TO CARRY OUT STATE PLAN

Sec. 1130A. [42 U.S.C. 1320a–10] In an action brought to enforce a provision of the Social Security
Act, such provision is not to be deemed unenforceable because of its
inclusion in a section of the Act requiring a State plan or specifying
the required contents of a State plan. This section is not intended
to limit or expand the grounds for determining the availability of
private actions to enforce State plan requirements other than by overturning
any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992),
but not applied in prior Supreme Court decisions respecting such enforceability: Provided, however, That this section is not intended to
alter the holding in Suter v. Artist M. that section 471(a)(15) of the
Act is not enforceable in a private right of action.

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